PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           15 June 2000                  
	DOCKET NUMBER:   AR1999028322

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman 		Member	
	Ms. Margaret V. Thompson 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests two Purple Heart awards. 

3.  The applicant states in effect, that he received two pungi stick wounds in Vietnam.

4.  The applicant’s military records show that he enlisted in the Army for two years on 5 December 1966, trained as an infantryman, and in May 1967 was assigned to an infantry battalion in Vietnam.  He attained the rank of Sergeant, and was awarded the Air Medal and the Combat Infantryman Badge, among others.  He participated in four campaigns during his tour in Vietnam, returning to the United States in May 1968.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions during his assignment to that unit.  He was assigned to Fort Benning, Georgia and was released from active duty on 4 December 1968.  He had two years of service.  

5.  A 29 November 1967 medical record shows that the applicant received a pungi wound to his right lower extremity.  He was treated at the battalion aid station for that wound, and received follow on treatment on 30 November and      1 December 1967.  A 6 December 1967 medical record shows that he injured his left ankle when he jumped out of a helicopter.

6.  On 11 May 1968, Headquarters, 1st Cavalry Division (Airmobile) published General Orders Number 3103 awarding the applicant the Bronze Star Medal for meritorious service during the period May 1967 to May 1968.

7.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  An example of an enemy-related injury which clearly justifies award of the Purple Heart is one caused by an enemy placed mine or trap.  An example of an injury which clearly does not qualify for award of the Purple Heart is a jump injury not caused by enemy action.  

8.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity
during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  The applicant was an infantryman assigned to an infantry unit and was wounded by a pungi stick, and treated for that wound.  He is entitled to award of the Purple Heart.  There is, however, no evidence nor has the applicant submitted any, that the applicant received a second wound.  He has not shown that his injury to his ankle was caused by enemy action, nor has he shown that he received a second wound from a punji stick.  Therefore, he is not entitled to a second award of the Purple Heart. 

2.  The applicant was awarded the Bronze Star Medal.  That award should be reflected on his DD Form 214.

3.  The applicant participated in four campaigns during his tour in Vietnam.  His DD Form 214 should reflect award of the Vietnam Service Medal with four bronze service stars (one for each campaign).  He was assigned to a unit during the period when it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Those awards should be reflected on his DD Form 214.   

4.  The applicant served his country honorably and faithfully.  He is entitled to award of the Army Good Conduct Medal. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Bronze Star Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Army Good Conduct Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___kan__  ___mvt__  ___owt__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028322	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000615	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.00	
2.		
3.		
4.		
5.		
6.